Assignment for Chapter 3—Respond to 16 questions for chapter 3 DB. (Jessica, Gary, and Angelique)
Post responses to these questions from your group to these questions in the Assignment 3 - Students & Law folder:
1)What is in Loco Parentis? "In place of parents" Loco Parentis is a legal doctrine describing a relationship similar to that of a parent and a child. A school official can be "in loco parentis". The school authorities' actions need to be consistent to those of a parent in a similar situation.
2)Does the teacher have more authority than the parent? According to Essex, "Prudence in this instance implies that school authorities' actions must be consistent with those of the average parent under the same or similar circumstances. Generally if administrative actions conform to the norm, they are judged to be reasonable." But, ultimately, no, the teacher does not have more authority than the parent. According to Essex (1999): While in loco parentis gives school officials’ latitude to exert authority over students under their supervision, it is not a license to act in an arbitrary or capricious manner. The constitutional rights of students must be respected. The exercise of in loco parentis is limited to school matters involving academics and discipline. Areas outside of these two are reserved to parents.
3)Teacher and student have mutual responsibilities and obligations. Explain.
The Supreme Court ruled in the 1960 Tinker case that students and adults have the same constitutional rights and that the rights of students do not end at the school doors. Therefore, students and teachers have mutual obligations and responsibilities and those educators must respect the civil rights of students and that students must conduct themselves in a way that is becoming of these rights. Basically this is saying that students have rights, but if they behave in a manner that restricts other students' rights than these rights may be restricted. Some of the responsibilities of the student are to conduct themselves according to the handbook, dress appropriately, be on time for class or specific coursework requirements. Teachers have responsibilities and obligations that far exceed that of the students'. Teachers must fulfill their contract s and there specifications. Also, teachers are held to an ethical standard to maintain their teaching license. Teachers are obligated to comply with district expectations and must be responsible for the safety of their students.
4) What is the concept of reasonableness? Reasonableness is having good sense and sound judgment. It is showing that a person uses reasonable judgement in making decisions. In a school setting this means that the rules need to be reasonable and are deemed to be so if they are necessary to maintain an orderly and safe school environment and that they enhance and do not take away from the educational process that is to take place.
5)What is the ordinary person test? This is a test when the question is asked “Would an ordinary person in the same situation react in the same way as the accused?"
6)What is constitutional due process? 14th amendment.
Due process prohibits the government from depriving a person of life, liberty, or property without due process of the law. The Supreme Court has applied our inspecting including procedural and substantive, vagueness doctrine and the presumptive standard.
7)Is loitering an expression of free speech? No. Loitering would fall under the First Amendment, freedom of assembly.
8) What are the three elements of procedural due process?
(1) Specific warning must be given about what behavior would result in corporal punishment, and evidence must exist that other measures attempted had failed to bring about desired behavioral modifications, (2) administration of corporal punishment must take place in the presence of another school official, and (3) upon request, a written statement must be given to parents regarding reasons for the punishment and the name of the official witness.
9)What is substantive due process?
Substantive due process ensures that students are not subjected to arbitrary or capricious acts by school officials regarding the exercise of their personal rights. Officials must be pursuing a compelling state objective and their actions must be necessary to achieve it.
10)What forms of corporal punishment can be used in Nebraska? There are no legal forms of corporal punishment that can be used in Nebraska. In 1988 Nebraska passed NE statute 79-295 which outlawed the use of corporal punishment.
11)In some states can teachers paddle students against the parents will? This is a tricky question that is best answered by referring to the case of Baker v. Owen. In this case a boy was corporally punished against his mother's will. The mother opposed the use of this type of punishment and had informed the district that she did not want her son to be punished in this way. When he was punished for misbehavior in this manner a suit was filed in the district court and the result was that the school district was justified in its actions. When the case reached the Supreme Court they also ruled in the favor of the state of North Carolina. Thus, yes a child can be punished in this manner even if it is against the will of the parents.
12)Goss v. Lopez had what to do with due process?
This case determined that students facing suspensions of up to ten day or less were entitled to oral or written notice of the charges and explanation of the evidence to be used against them and an opportunity to present their side of an issue.
13)Does the First Amendment prevent a school from disciplining a student for lewd and indecent speech? The First Amendment does not prevent a school from disciplining a student for lewd/indecent speech because it infringes on the rights and disrupts the educational process for other students therefore a school can use discipline. No rights are absolute, but instead are subject to reasonable restrictions that should be justified by school officials.
14) What is a safe and orderly learning environment? Why is it important? It is an environment in which all students have the opportunity to learn free from disruption and/or fear. It is also free of harassment and is safe both physically and emotionally. It is important because it provides the optimum learning environment for all students.
15) What is zero tolerance? What is good and bad about it? Zero tolerance is basically a "one strike and you're out" policy when it comes to school safety and weapons on school grounds. It is a predetermined punishment that is set forth by the school district regardless of the circumstances surrounding the situation. It is good because it moves districts toward fairness and equity for all students. The negative side is that it does not allow for any extenuating circumstances. It also has been noted that zero tolerance has to be fundamentally fair and legally defensible. Certain cases have shown that there is still work to be done in regards to the wording and implementation of this policy.
16) How many days before you have to use full due process procedures? The school board in each school district must adopt a procedure for a hearing to be held and a final determination to be made within 10 school days after the initial date of exclusion (more than 5 school days suspension).
Assignment for Chapter 3—Respond to 16 questions for chapter 3 DB. (Jessica, Gary, and Angelique)
Post responses to these questions from your group to these questions in the Assignment 3 - Students & Law folder:
1) What is in Loco Parentis?
"In place of parents" Loco Parentis is a legal doctrine describing a relationship similar to that of a parent and a child. A school official can be "in loco parentis". The school authorities' actions need to be consistent to those of a parent in a similar situation.
2) Does the teacher have more authority than the parent?
According to Essex, "Prudence in this instance implies that school authorities' actions must be consistent with those of the average parent under the same or similar circumstances. Generally if administrative actions conform to the norm, they are judged to be reasonable." But, ultimately, no, the teacher does not have more authority than the parent. According to Essex (1999): While in loco parentis gives school officials’ latitude to exert authority over students under their supervision, it is not a license to act in an arbitrary or capricious manner. The constitutional rights of students must be respected. The exercise of in loco parentis is limited to school matters involving academics and discipline. Areas outside of these two are reserved to parents.
3) Teacher and student have mutual responsibilities and obligations. Explain.
The Supreme Court ruled in the 1960 Tinker case that students and adults have the same constitutional rights and that the rights of students do not end at the school doors. Therefore, students and teachers have mutual obligations and responsibilities and those educators must respect the civil rights of students and that students must conduct themselves in a way that is becoming of these rights. Basically this is saying that students have rights, but if they behave in a manner that restricts other students' rights than these rights may be restricted. Some of the responsibilities of the student are to conduct themselves according to the handbook, dress appropriately, be on time for class or specific coursework requirements. Teachers have responsibilities and obligations that far exceed that of the students'. Teachers must fulfill their contract s and there specifications. Also, teachers are held to an ethical standard to maintain their teaching license. Teachers are obligated to comply with district expectations and must be responsible for the safety of their students.
4) What is the concept of reasonableness? Reasonableness is having good sense and sound judgment. It is showing that a person uses reasonable judgement in making decisions. In a school setting this means that the rules need to be reasonable and are deemed to be so if they are necessary to maintain an orderly and safe school environment and that they enhance and do not take away from the educational process that is to take place.
5) What is the ordinary person test? This is a test when the question is asked “Would an ordinary person in the same situation react in the same way as the accused?"
6) What is constitutional due process? 14th amendment.
Due process prohibits the government from depriving a person of life, liberty, or property without due process of the law. The Supreme Court has applied our inspecting including procedural and substantive, vagueness doctrine and the presumptive standard.
7) Is loitering an expression of free speech? No. Loitering would fall under the First Amendment, freedom of assembly.
8) What are the three elements of procedural due process?
(1) Specific warning must be given about what behavior would result in corporal punishment, and evidence must exist that other measures attempted had failed to bring about desired behavioral modifications, (2) administration of corporal punishment must take place in the presence of another school official, and (3) upon request, a written statement must be given to parents regarding reasons for the punishment and the name of the official witness.
9) What is substantive due process?
Substantive due process ensures that students are not subjected to arbitrary or capricious acts by school officials regarding the exercise of their personal rights. Officials must be pursuing a compelling state objective and their actions must be necessary to achieve it.
10) What forms of corporal punishment can be used in Nebraska ? There are no legal forms of corporal punishment that can be used in Nebraska. In 1988 Nebraska passed NE statute 79-295 which outlawed the use of corporal punishment.
11) In some states can teachers paddle students against the parents will? This is a tricky question that is best answered by referring to the case of Baker v. Owen. In this case a boy was corporally punished against his mother's will. The mother opposed the use of this type of punishment and had informed the district that she did not want her son to be punished in this way. When he was punished for misbehavior in this manner a suit was filed in the district court and the result was that the school district was justified in its actions. When the case reached the Supreme Court they also ruled in the favor of the state of North Carolina. Thus, yes a child can be punished in this manner even if it is against the will of the parents.
12) Goss v. Lopez had what to do with due process?
This case determined that students facing suspensions of up to ten day or less were entitled to oral or written notice of the charges and explanation of the evidence to be used against them and an opportunity to present their side of an issue.
13) Does the First Amendment prevent a school from disciplining a student for lewd and indecent speech? The First Amendment does not prevent a school from disciplining a student for lewd/indecent speech because it infringes on the rights and disrupts the educational process for other students therefore a school can use discipline. No rights are absolute, but instead are subject to reasonable restrictions that should be justified by school officials.
14) What is a safe and orderly learning environment? Why is it important? It is an environment in which all students have the opportunity to learn free from disruption and/or fear. It is also free of harassment and is safe both physically and emotionally. It is important because it provides the optimum learning environment for all students.
15) What is zero tolerance? What is good and bad about it? Zero tolerance is basically a "one strike and you're out" policy when it comes to school safety and weapons on school grounds. It is a predetermined punishment that is set forth by the school district regardless of the circumstances surrounding the situation. It is good because it moves districts toward fairness and equity for all students. The negative side is that it does not allow for any extenuating circumstances. It also has been noted that zero tolerance has to be fundamentally fair and legally defensible. Certain cases have shown that there is still work to be done in regards to the wording and implementation of this policy.
16) How many days before you have to use full due process procedures? The school board in each school district must adopt a procedure for a hearing to be held and a final determination to be made within 10 school days after the initial date of exclusion (more than 5 school days suspension).